What was Tenancy Tribunal case 4638869 about?

The tribunal order states: 2. The Bond Centre is to pay the bond of () immediately

How much money was awarded in case 4638869?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4638869?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness, Leaks.

Where can I read the official tribunal order for case 4638869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871292-Tribunal_Order_Redacted.pdf.

What was Tenancy Tribunal case 4638869 about?

The tribunal order states: 2. The Bond Centre is to pay the bond of () immediately

How much money was awarded in case 4638869?

Verified claim lines are listed on this page.

What type of tenancy dispute was case 4638869?

The primary dispute was Rent arrears. Related themes: Smoke alarms, Cleanliness, Leaks.

Where can I read the official tribunal order for case 4638869?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/9871292-Tribunal_Order_Redacted.pdf.

Unit/Flat 701, 105 Queen Street, Auckland Central, Tenancy Tribunal Case 4638869 — Rent arrears

Tenantcheck Insights

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The amount claimed for rent arrears was no longer in dispute at the hearing.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986. The tenant is required to replace worn out smoke alarm batteries during the tenancy. See section 40(1)(ca) Residential Tenancies Act 1986. The tenant must also replace standard light bulbs.

The tenancy ended on 22 April 2023. The tenant arranged for a commercial exit clean to be undertaken on 21 April 2023. Her evidence shows that she paid Premium Clean $345.00 for that service on 21 April 2023.

The landlord did a final inspection on 27 April 2023. It notes “An exit inspection has been completed at this property. “The apartment was left in an ok condition with some cleaning being required, some items to be disposed of and some "resetting" of the apartment, back to original layout and standard.”

Photographs provided with the exit report do appear to show some aspects in which the premises were not in a reasonably clean and tidy condition.

The landlord then arranged for what is described in the invoice as a “General Full Deep Cleaning”

The landlord did suggest to the tenant that she should ask for her money back from her cleaning company. There is no evidence that the tenant was given the opportunity to ask that company to return and do a more thorough job before the landlord got its own cleaners in and asked the tenant to pay the costs.

In my view that did not meet the landlord’s obligation under s.49 which provides that, “Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the damage or loss arising from that breach...”

It is also the case that the tenant’s obligation is to leave the premises reasonably clean and tidy, not to undertake a deep clean ready for commencement of a new tenancy. For those reasons only a modest award of compensation is made to recognise that the evidence suggests the landlord has paid for some cleaning work that was the tenant’s responsibility.

The landlord has met the cost of replacing some lightbulbs, refixing a wardrobe bracket system and removing rubbish bags.

The tenant acknowledges that she moved the wardrobe racks and was unable to reinstate them. She says it was because there was a leak above and her clothes were being damaged but there is no corroborating evidence of that. The tenant should meet the cost of reinstalling that fixture and for replacing light bulbs.

The premises were let fully furnished without a chattels list. There is no evidence that the material removed in the rubbish bags was wrongly left there by the tenant. I would expect that any rubbish was removed by the cleaners when they were there on 9 May 2023 whereas this maintenance work was done on 15 May 2023. I have awarded partial reimbursement of the maintenance invoice accordingly.

The tenant accepts that she discarded the coffee table that was in the premises when the tenancy began – though she says it was dilapidated – and accepts responsibility for its replacement. Allowance for depreciation should be made.

Because Viaduct City Rentals Limited As Agent For Martin Chruchman has had claims upheld I reimburse the filing fee.

Reasons

Both parties attended the hearing which was held by teleconference.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

How much is owed for rent?

The amount claimed for rent arrears was no longer in dispute at the hearing.

Did the tenant comply with their obligations at the end of the tenancy?

Photographs provided with the exit report do appear to show some aspects in which the premises were not in a reasonably clean and tidy condition.

The landlord then arranged for what is described in the invoice as a “General Full Deep Cleaning”

The landlord has met the cost of replacing some lightbulbs, refixing a wardrobe bracket system and removing rubbish bags.

Because Viaduct City Rentals Limited As Agent For Martin Chruchman has had claims upheld I reimburse the filing fee.

Tenancy Tribunal case 4638869 — Rent arrears at Unit/Flat 701, 105 Queen Street, Auckland Central,

At a glance

Tenancy Tribunal case 4638869 — Rent arrears at Unit/Flat 701, 105 Queen Street, Auckland Central,

At a glance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions